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Women in the workplace
5 February 2018 Employment

Women in the workplace

In South Africa, we have several laws ensuring the protection of women in the workplace. The Constitution of the Republic of South Africa confirms that “everyone is equal before the law and has the right to equal protection and benefit of the law”. Employment legislation has been enacted in order to give effect to the Constitution and to protect all employees, including women in the workplace.

The rise of restraints: An inevitable reality during junk status
5 February 2018 Employment

The rise of restraints: An inevitable reality during junk status

South Africa has been unfortunate over recent months to experience more than one ratings downgrade to sub investment grade, otherwise known as junk status. This has not only resulted in an all-time low in investor confidence but has demanded that employers take an active role to protect their slice of the pie, so to speak.

TES ruling raises uncertainty for all sectors
5 February 2018 Employment

TES ruling raises uncertainty for all sectors

The Labour Appeal Court (LAC) recently delivered a judgment which could have significant implications for the South African labour market. The judgment specifies that employees of labour brokers who earn below the threshold for vulnerable employees, will become the permanent employees of the client at which they are placed after a period of three consecutive months.

Is South Africa ready for the Workplace of the Future?
5 February 2018 Employment

Is South Africa ready for the Workplace of the Future?

The “workplace of the future” has become a buzz phrase in conversations around how the face of employment will evolve over the next few years. While this phrase is used to describe several expected changes, two of the most important include the shift from full time employees to freelancers and dissolving traditional offices and headquarters to a more mobile workforce, aided by technology’s rapid development. There are many potential advantages to this new workplace environment, however there is a lot of work that needs to be done if South Africa is to be prepared for this evolution.

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Deadline for submissions on the Copyright Amendment Bill extended to 7 July 2017
30 June 2017 Technology, Media & Telecommunications

Deadline for submissions on the Copyright Amendment Bill extended to 7 July 2017

On 28 June 2017, our Convergence and New Media team published an article reviewing the Copyright Amendment Bill [B13-2017]. Among other aspects of the Bill, Janet MacKenzie and Judith Njuguna’s article discusses the proposed amendment to s22(3) which limits assignments of copyright to a period of 25 years commencing from the date of the assignment. Earlier this week the Portfolio Committee on Trade and Industry announced the 7 July 2017 extension. Current and future copyright owners will no doubt welcome the extra time to consider and potentially object to the Bill. The Portfolio Committee on Trade and Industry’s full extension notice appears below.

International Arbitration: International Commercial Arbitration: Choice of arbitral seat – an African perspective
28 June 2017 Dispute Resolution

International Arbitration: International Commercial Arbitration: Choice of arbitral seat – an African perspective

Africa’s economy has grown significantly over the past years. This has led to an increase in foreign investment in the continent and inevitably in increased international disputes. In addition to the growth of commercial and investment arbitrations involving African parties, Africa is seeing a change in direction with the establishment of new arbitral institutions in Kigali, Nairobi and Accra.

Convergence and New Media: Assignment of Copyright – A Review of the Copyright Amendment Bill 2017
28 June 2017 Technology, Media & Telecommunications

Convergence and New Media: Assignment of Copyright – A Review of the Copyright Amendment Bill 2017

The Department of Trade and Industry (DTI) published the Copyright Amendment Bill, 2015 (2015 Bill) for initial comment in 2015. While there is considerable value in principle to the 2015 Bill, the 2015 Bill was met with widespread industry criticism for failing to take into account the basic tenets of copyright law. Following a review of the public comments, a revised Copyright Amendment Bill (Bill) was introduced in the National Assembly during May 2017

‘I decide = I am’ exhibition is launched in South Africa
26 June 2017 Pro Bono & Human Rights

‘I decide = I am’ exhibition is launched in South Africa

Cliffe Dekker Hofmeyr’s Pro Bono and Human Rights Practice (Pro Bono Practice) is partnering with the Centre for Human Rights, Faculty of Law, University of Pretoria, in its initiative to reproduce the Exhibition “I Decide = I Am” by the Bulgarian Centre for Not-For-Profit Law Foundation in South Africa.

Unlocking the potential of the waste economy: Revised draft regulations for the exclusion of waste streams published
26 June 2017 Environmental

Unlocking the potential of the waste economy: Revised draft regulations for the exclusion of waste streams published

The Minister of Environmental Affairs (Minister) recently published revised draft Regulations to Exclude Waste Streams from the Definition of Waste (Revised Draft Regulations) in terms of the National Environmental Management: Waste Act, No 59 of 2008 (NEMWA or Act). The Revised Draft Regulations prescribe the manner in which application may be made to the Minister for the exclusion of certain waste and waste streams (collectively Wastes) from the definition of waste under NEMWA (Exclusion Applications) and proposes a list of Wastes that will not be considered waste, once the Revised Draft Regulations are enacted.

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Downfall by
2 February 2008 Dispute Resolution

Downfall by "Domicilium"

It is common practice to include a domicilium address where service of notices may be delivered.

Mother in law to the rescue?
2 February 2008 Dispute Resolution

Mother in law to the rescue?

Christos Costas had two substantial judgements granted against him. He decided to sell his holiday home in Cape Town.

A name is worth a thousand suits
1 February 2008 Dispute Resolution

A name is worth a thousand suits

The Supreme Court of Appeal recently handed down a decision confirming that a name can be protected against any unauthorised use or publication.

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Johan Jacobs talks about the budget speech
16 May 2016 Trusts & Estates

Johan Jacobs talks about the budget speech

Johann Jacobs, national practice head and director in the Trust and Estates practice talks about the budget speech which was delivered by the finance minister from trusts tax perspective.

Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.